O. Reg. 156/15: DEBT RETIREMENT CHARGE - RATES AND EXEMPTIONS

Link to law: http://www.ontario.ca/laws/regulation/r15156
Published: 2015-06-18

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
 

ontario regulation 156/15

made under the

Electricity Act, 1998

Made: June 17, 2015
Filed: June 18, 2015
Published on e-Laws: June 18, 2015
Printed in The Ontario Gazette: July 4, 2015


Amending O. Reg. 493/01

(DEBT RETIREMENT CHARGE - RATES AND EXEMPTIONS)

1. Subsection 1 (1) of Ontario Regulation 493/01 is amended by adding the following definition:

“eligible residential unit” means a unit that,

(a) is a self-contained set of rooms located in a building or structure,

(b) contains kitchen and bathroom facilities that are intended for the use of the unit only, and

(c) is used or intended for use as a residential premises;

2. The Regulation is amended by adding the following sections:

Exemption, residential-rate classes

5.1 (1) This section applies with respect to a user who has an account with a distributor that falls within a residential-rate classification as specified in a rate order made by the Board under section 78 of the Ontario Energy Board Act, 1998.

(2) For an account described in subsection (1), the user is exempt from the requirement to pay the debt retirement charge on electricity consumed after December 31, 2015.

Exemption, accounts with eligible residential units

5.2 (1) This section applies with respect to a user who has an account with a distributor for the provision of electricity that is consumed in at least one eligible residential unit.  However, this section does not apply with respect to an account described in subsection 5.1 (1).

(2) For an account described in subsection (1), the user is exempt from the requirement to pay the debt retirement charge for a month with respect to the lesser of,

(a) the amount of the user’s consumption of electricity in the month as set out in the invoice for the account; and

(b) 1,500 kilowatt hours of electricity multiplied by the number of eligible residential units specified in the notice given to the distributor in accordance with section 5.4.

(3) Despite subsection (2), the user is not eligible for an exemption under this section unless the user has given the notice described in section 5.4 to the distributor in accordance with that section.

(4) The following rules govern when the exemption applies:

1. The exemption does not apply with respect to electricity consumed before January 1, 2016.

2. If the user’s notice is received by the distributor before January 1, 2016, the exemption applies with respect to electricity consumed on or after January 1, 2016.

3. If the user’s notice is received by the distributor after December 31, 2015 and at least 11 days before the expiry of the distributor’s billing period for the user, the exemption applies with respect to electricity consumed on or after the beginning of the billing period in which the distributor received the notice.  However, if the billing period begins in 2015, the exemption applies only with respect to electricity consumed on or after January 1, 2016.

4. If the user’s notice is received by the distributor after December 31, 2015 and within 10 days before the expiry of the distributor’s billing period for the user, the exemption applies with respect to electricity consumed on or after the beginning of the following billing period.

(5) Subsection (4) applies with necessary modifications if the user gives the distributor a revised notice indicating a change in the number of eligible residential units for the account.

(6) For the purposes of this section, a reference to a month means, in relation to a distributor, the period for which the distributor assesses the monthly rates and charges set out in a rate order made by the Board under section 78 of the Ontario Energy Board Act, 1998.

Exemption, market participants and eligible residential units

5.3 (1) This section applies with respect to a user who is a market participant and who has an account with the IESO if the account provides for electricity that is consumed in at least one eligible residential unit.

(2) For an account described in subsection (1), the user is exempt from the requirement to pay the debt retirement charge for a month with respect to the lesser of,

(a) the amount of electricity withdrawn from the IESO-controlled grid during the month by the user; and

(b) 1,500 kilowatt hours of electricity multiplied by the number of eligible residential units specified in the notice given to the IESO in accordance with section 5.4.

(3) Despite subsection (2), the user is not eligible for an exemption under this section unless the user has given the notice described in section 5.4 to the IESO in accordance with that section.

(4) Subsections 5.2 (4) and (5) apply with necessary modifications with respect to the exemption under this section.

Notice re: eligible residential units

5.4 (1) A user who wishes to obtain an exemption under section 5.2 or 5.3 for an account shall give the notice described in this section to the distributor or the IESO, as the case may be, either in person or by mail or by such other means as the distributor or the IESO may permit.

(2) The notice must include the following:

1. The user’s name, address and account number.

2. A statement that the account provides for electricity that is consumed in at least one eligible residential unit.

3. The number of eligible residential units included in the account.

4. A statement certifying that the information contained in the notice is complete and accurate, and that the user will promptly notify the distributor or the IESO, as the case may be, if any of the information changes.

5. A statement acknowledging that it is an offence to make a false or deceptive statement in a document submitted under Part V.1 (Debt Retirement Charge) of the Electricity Act, 1998.

6. The name and signature of the user or of an individual authorized by the user to give the notice on the user’s behalf, and the date of the signature.

(3) If the notice does not specify the number of eligible residential units that are included in the account, the notice is deemed to have specified that one such unit is included in the account.

(4) The user shall promptly give a revised notice to the distributor or the IESO, as the case may be, if there is a change in the number of eligible residential units included in the account.

3. (1) Subsection 6 (1) of the Regulation is amended by striking out “For the purposes of sections 2 and 3” at the beginning and substituting “For the purposes of this Regulation”.

(2) Subsection 6 (1.1) of the Regulation is amended by striking out “For the purposes of sections 2 and 3” at the beginning and substituting “For the purposes of this Regulation”.

Commencement

4. This Regulation comes into force on the day it is filed.